Back / lumbar spine decisions — 2001

The veteran sustained additional disabilities in his right shoulder, low back, and possibly right hip as a result of falling into an elevator at the VA hospital. The low back disability is attributed to pre-existing service-connected lumbosacral strain aggravated by the fall. Right shoulder and right hip injuries are considered new disabilities resulting from the 1995 incident.

The Board denied the veteran's claims for an increased disability rating and a total disability rating based on individual unemployability due to service-connected disabilities. The veteran's low back disability is currently rated at 40 percent.

The Board has reopened the veteran's previously denied claim of service connection for residuals of a low back injury due to new and material evidence submitted since the July 1986 denial. The case is now remanded for further development.

The Board has determined that the appellant's low back disorder, manifested by symptomatology analogous to severe lumbosacral strain, warrants a rating of 40 percent under Diagnostic Code 5295.

The Board finds that the veteran's service-connected bilateral pes planus could aggravate his low back pain, resulting in a grant of secondary service connection for low back disability.

The Board has determined that the veteran's post-operative residuals of a lumbar fusion due to an L4 burst fracture with bilateral quadriceps weakness, femoral neuropathy, and compensatory scoliosis are manifested by a vertebral deformity and severe limitation of lumbar motion. The criteria for a 50 percent evaluation have been met.

The Board has granted service connection for a chronic lumbar strain, finding that the veteran's current low back pain is related to his in-service diagnosis of chronic lumbar strain.

The Board denied the veteran's claims for service connection for a bilateral ankle disability, bilateral pes planus, low back disability, and psychophysiologic gastrointestinal disease. The evidence did not support a link between these conditions and his military service.

The Board has determined that the veteran's service-connected degenerative disc disease with degenerative arthritis of the lower lumbar and sacral spines does not warrant an evaluation in excess of 20 percent.

The Board is remanding the case for further development to determine the cause of the veteran's low back disability and whether it is related to his service-connected right knee disorder.

The Board has granted a 60% disability rating for the service-connected lumbar spine condition effective July 21, 1998.

The veteran's claim for a higher initial disability rating for his lumbosacral spine condition was denied as the evidence did not support a higher evaluation.

The Board has determined that the reduction of the veteran's lumbosacral strain evaluation from 40 percent to 20 percent was proper and denied his appeal.

The Board found no evidence of a current lower back disability related to service and denied the veteran's claim for service connection.

The Board has determined that the veteran's low back disability, including spondylolisthesis and spondylolysis with degenerative changes, was not incurred in or aggravated by active service. The veteran's fibromyositis of the thoracic spine muscles is currently noncompensable as there are no current symptoms related to this condition.

The veteran's claim for an increased rating for lumbosacral strain with arthritis is granted. The claims of service connection for right hip and knee disability are reopened, but the new evidence does not establish service connection.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for cause of death.

The veteran's low back syndrome with degenerative disc disease is rated at 60 percent, the maximum allowable under Diagnostic Code 5293. The TDIU issue will be remanded to the RO for further development.

The Board has dismissed the appeal as the veteran withdrew his appeal with regard to these issues.

The Board denied the appellant's petition to reopen his claim of service connection for a low back disorder, finding that the submitted evidence was not new and material.